REFinBlog

March 3, 2014

United States District Court Rejects Show-me-the-Note Theory and SpIit-the-Note Theory Claims

In deciding McWright v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 180500 (N.D. Tex. Nov. 7, 2013) the United States District Court for the Northern District of Texas rejected the plaintiff’s claims. In her complaint, plaintiff raised the following … Continue reading →

February 18, 2014

Ohio Court Finds that Bank of America had Standing to Foreclose and MERS had Authority to Assign

The court in deciding Bank of Am., N.A. v. Harris, 2013-Ohio-5749 (Ohio Ct. App., Cuyahoga County Dec. 26, 2013) found there was no merit to plaintiff’s appeal, and affirmed the lower court’s dismissal. Defendant, Frederick Harris, appealed from the trial … Continue reading →

January 9, 2014

Oregon Court Dismisses Plaintiff’s Oregon Revised Statute § 86.745(1) Claim

The court in Woods v. United States Bank N.A., 2013 U.S. Dist. LEXIS 146485 (D. Or. 2013) ultimately granted the defendants’ motion to dismiss, and dismissed with prejudice. Plaintiffs sought a declaratory judgment voiding and setting aside the foreclosure of … Continue reading →

Ohio Appeals Court Affirms Lower Court Decision Granting Summary Judgement in Favor of Bank of America

The court in deciding Bank of Am., N.A. v. Hizer, 2013-Ohio-4621 (Ohio Ct. App., Lucas County 2013) ultimately granted the defendant’s motion for summary judgment. This case was an appeal from a judgment of the Lucas County Court of Common … Continue reading →

January 7, 2014

California Court Finds That Defendants Complied With Statutory Mandate That the Notice of Default Include Sufficient Contact Information

The court in deciding Wagma Safi v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 147005 (E.D. Cal. Oct. 9, 2013) ultimately granted defendant’s motion to dismiss. In her first cause of action, the plaintiff asked for declaratory relief in … Continue reading →

December 24, 2013

Michigan Court Dismisses MCPA & HOEPA Claims

The court in deciding Huff v. Fannie Mae, 2013 U.S. Dist. LEXIS 148053 (E.D. Mich. Oct. 2013) granted Bank of America’s motion to dismiss. Plaintiff advanced a claim against defendants for quiet title (Count I) and alleged that defendants violated … Continue reading →

December 13, 2013

Michigan Court Finds That Defendants Were Not Acting Under Color of State Law

The court in deciding El-Jabazwe v. Wells Fargo Home Mortg., 2013 U.S. Dist. LEXIS 149854 ( E.D. Mich. Oct. 18, 2013) denied the plaintiff’s motions and granted the defendants’ motions. Plaintiff’s complaint listed the following Counts: 42 U.S.C. §1983 (Count … Continue reading →